Who are you about to hire? Answering this question is one of the primary reasons many employers choose to conduct criminal background checks on potential applicants as part of their pre-employment process. While county-level checks can provide useful local information, a statewide background check enables a higher-level look at any items of note in an applicant's history.
By ordering a North Dakota state background check, employers can receive a snapshot to use in the decision-making process. In ND, the central records holder for this type of data is the Bureau of Criminal Investigations, and these reports include data from Cass, Grand Forks, Burleigh, and Ward counties. backgroundchecks.com provides state background checks for 45 states in total, including North Dakota.
The federal government and state governments have instituted rules governing the use of criminal history information. In addition to laws such as the Fair Credit Reporting Act, North Dakota adheres to a few additional guidelines and restrictions for employers. We’ve outlined these restrictions below.
Usage of Arrest and Conviction Records
Employers are free to ask about arrests (except for sealed cases) but only information about arrests that generated a conviction is available through a North Dakota state background check. Information about arrests which led to a dismissal of charges or any other non-conviction outcome is not made available and employers should be careful when considering only arrests.
Private employers may inquire into and consider all felony criminal records during the decision-making process, but not
No employer, public or private, may inquire into records which have been sealed or expunged by the court. Similarly, employers may not consider arrests or incidents which resulted in the defendant entering a pre-trial diversion program. Applicants face no requirement to disclose such items. North Dakota law excludes juvenile records from criminal background checks.
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